The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-29
PLEADING LONG AND LOUD
The Counsel for the Defendants in the
Conspiracy Case Speak All Day.
They Bitterly Denounce Everybody Concerned
in the Prosecution OF the C0nspirators,
Who Are Praised as Model Persons

cor Joseph f. Nc Donald was the distinguished Wis
tor OF the day, and occupied seat beside Judge
Woods AS usual, the court was gracious to the
fury. and, beaming with good nature and per-
gpration, walked over to where the twelve were
,ornered. and informed them that the Their
mometer was then at 800. Three four OF the
jnrymen took off their coats and vests, and sat
sn their suspenders. having got the hang Of the
courthouse here at the capital quite as well as
they have Of the rural courthouse at home AS
usual. Judge Woods saw to it that the jury was
watered at stated intervals, while he himself got
IN easy position, and famed himself COM
placently during the long and dreary hours of
peech-making.
Mr. Bynum. whose speech long that it
had 10 be broken off about shutdown the day be-
fore, in order that the furnishing jury might be
fed brought in the remainder OF It.
He had difficulty in joining the pieces,
aud as he proceeded, it began to de-
velop, much to the distress of the audience
that the delayed portion was even longer than
the original installment Mr. Bynum appeared
for his partner, Mr. Beck, but the nature OF the
necessarily made him the advocate OF all
the persons charged with Mr.. Beck In the In
dicrment The speaker defended and justified
the action OF the board of canvassers, and of
Bernhamer, the chairman, and said that the
occurrences before that board were nothing
usual-that they occurred in every large city.
He argued that il would have been impossible
for the board to have transacted business had it
mot had a competent chairman, and that in
Bernhamer such presiding officer had been
found; adding, that for that reason the prose-
tutor says Mr.. Bernhamer and Mr.. Coy
Eere guilty Of conspiracy" He said
hat there nothing wrong in those
proceedings nor in the movements of the
charged with conspiracy, but that Perkins had
peized hold of certain facts and colored them to
have a sem bance Of truth" He said that the
Ject that Bernhamer called Captain Many to sit
BY him and that the tally sheets were placed in
Many's hands, while Bernhamer took the poll
book and certificate, in itself Indication
of honesty OF the part of the chairman,
as it the tally-sheets that contained
the frauds and showed them at
glance. Would he," inquired Mr.. Bynum.
shave done this if he had been in a conspiracy of
the kind charged" The speaker seemed to be
disposed to look upon the tally-sheet spoliations
as a matter for sportive comment. and at
tempted to draw a ludicrous picture of Dr.
Wagner, the candidate for coroner who it
seemed likely would be defrauded out of the
office to which the people had elected
v terrible appeal for persons to come up
and look at the altered tally -sheets, and
curling his lip in fine scorn, Mr. Bynum
said: 1T is absurd TO talk about Mr.. Bernha ner
being party to a conspiracy" He said there
was evidence to show that Counseman
parted with his taly-sheet; that it must have
been taken out of mis- hands, or was altered be-
fore it came to his hands. and said: IF you
want TO hunt for asconspiraoy to obtain rally
sheets in violation of laws, don't hunt among
these gentlemen, but hunt for that circular
out from the Republican central committee di-
Sectine Republican judges to take charge of the
tally sheets"
IA deprecating the testimony against the
mixing in liberal allowances of denun-
citation Of Samuel E. Perkins. the mildest term
he applied to this ex-colleague OF his clients be-
ing .tths periured, self-confessed liar" He
mpoke of each of the defendants in turn review
ing the testimony and objurgating the witness
Perkins When he came to the part in the con-
apiracy attributed to his partner. Albert t.
Beck, Mr.. Bynum could not find epithets sufi-
Gent ir number or in strength to fit the witness
who had brought all these innocent persons into
trouble. His defense of Beck consisted chiefly
In insisting upon alioi, that hs in his Of
zee all the afternoon and only at the court house
one hour In the morning, when MIR. Mustard, of
Anderson, was with him all except FIVE minutes
OF the time.
At last, when the lazy hands of the dial
pointed AT 10 minutes of H. Mr.. Bynum ceased.
His supplementary effort of the morning had
taken an hour and three quarters.
The next to speak Cyrus f. McNutr, of
ere E6utG, whose effort was the best made by
Mny of the attorneys for the defense. He
mlained that the prosecutor had presented the
Case in several aspects, and in none of them
be fair He was amazed that Mr.. Sellers had
not the honesty and courage to state to the jury
the true issue that to be discussed, instead |
of giving barren ideally, miserable make
the prosecutor had continued to speak of
<ered tally-sheets, when that was
not the real issue ia the case
and he should have told the Jury what
n Y0ad Wi Ha al
evidence broadly and said that to ask the jury to
consgn these ten men TO felon cells on such evil
As he spoke OF the defendants he began with
the youngest and as said by the prosecutor
the least guilty. John l.. Reardon "who." said |
Dir. McNutt has face like Sister of Mercy, |
and whose good character, given by wit
neSsss hore, will avail nothing but an appeal |
TO the mercy of the court"
On the score OF good character, Mr.. McNutt |
said thsro were but two tribunals earth where
good character awaited nothing. One the |
Inquistion and the other held |
neArly nineteen hundred years ago, at a trial in
Jerusalem. Il don't know" said Mr.. McNurt, |
whether Caiaphas was district attorney of Jeru
salem or not, but he would not allow the good |
character of Jesus TO be considered
Mr.. McNutt exceled Mr.. Bynum tho varie- |
Nv OF epithets he applied to Perkins, whom he |
described approaching the witness stand as ''the |
man who comes with his tongue loaded with the |
poison of asps, this miserable creature does
The devll-fsh introduced by Mr.. Sellers in his |
opening argument appears 10 have excited the |
covetousness of all the counsel on the other side.
slr. McNutt felt that he too must have devil |
dsh-a devil Ash only would serve, though she |
vastv deep holds many monsters aud the
speaker could perhaps have even had sea-ser-
pent for the asking. He rugged ED a devil fish
10 use metophoreally for Captain Ritter who I
lad assisted in making the compact with County
Prosecutor Mitchell that gave to the govern
ment a much-needed witness
MR. McNutts attempt TO extricate Mr.. Suli-
van from the net thrown round him by Lorenz
Schmidts direct testimony not well-con-
frived THE evidence" said Mr.. McNutt
shows that Sullivan was standing right there
nc the judges stand; he tSullivanj says he took
~ elevated position to look at the paper and at
Schmidt Now Is IL not reasonable PROPOSE
ton that Schmidt had Sullivan there at
that tire, knowing that Sullivan was the man
10 whom ne had delivered it, or whose friend
be had delivered tiff il had been true that he
had done so-would he not have gone to Su,li-
ran, not with speech. but gone to him and
,harged that he had had his tally-sheet and it
lad been chanred2 Now. Sullivan was there,